PowerPoint Presentations Workshops Session Three



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PowerPoint Presentations
Workshops
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Session Three | Session Four |

Workshop A. | Mike Bachhuber, Larry Wanger
(Part 1 and Part 2)
SILC 101: The Basics (Part 1, Part 2)
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Slide 1 -
2013 SILC CONGRESS SILC 101
Mike Bachhuber, Independent Living Council of Wisconsin
Larry Wanger, Arizona Statewide Independent Living Council

Slide 2 -
SILC 101:
What do I know about SILCs?

Interview, self-evaluation, etc.

Why am I on the SILC?

To whom am I responsible as a SILC member?

What is the most important part of my role?

What do I bring to my SILC role?



Slide 3 -
SILC 101 AGENDA:
1 – Why? For what are we here?

2 – What is a SILC?


Composition of Councils

Council Duties

SILC entity
State Agency

Non-profit

Other



Slide 4 -
SILC 101 Agenda
How does a SILC work?

    • Relationship to stakeholders

    • Group process

What Governance role do SILC members serve within the entity?

What next?



Slide 5 -
Disclaimers
This presentation provides general guidance - not legal advice

Consult a lawyer regarding how this information applies to your state laws or your situation

Copyright (c) Mike Bachhuber – used for SILC Congress with Permission

Slide 6 -
IL History
Like many movements, IL was born out of the frustrations of oppressed people

Strong ties and origins to 20th century movements



    • Civil Rights (African- and Latin-American)

    • Consumer Rights

    • “Normalization” and Deinstitutionalization

    • Self-Help

Slide 7 -
IL HISTORY
Considered the Father of Independent Living

    • Fought to attend college at UC Berkeley

Started student group,
The Rolling Quads

    • Co-Founded first Independent Living
      Center with Judy Heumann

Slide 8 -
History: Hudy Heumann
The Mother of Independent Living

    • Leader of the 27 day sit-in
      to enforce law guaranteeing
      access to federally-funded
      building and public
      transportation

    • Co-founded first
      Independent Living Center
      with Ed Roberts


Slide 9 –

History—Wade Blank


Rev. Wade Blank

    • worked with Dr. Martin Luther King, Jr.

    • believed in non-violent civil disobedience

Founded the Atlantis
Community, a model for
consumer-controlled,
community-based
independent living in
Denver

Co-Founded ADAPT



Slide 10 –

IL Philosophy

Rev. Wade Blank


    • worked with Dr. Martin Luther King, Jr.

    • believed in non-violent civil disobedience

Founded the Atlantis
Community, a model for
consumer-controlled,
community-based
independent living in
Denver

Co-Founded ADAPT



Slide 11 -
SILC 101 – WHY
IL History and Philosophy

    • A vital and rich history

McDonald, Gina and Oxford, Mike, History of Independent Living

SILCs are a part

Social change and progress for citizens with disabilities

Greater decision-making in the hands of the people receiving services in the last half of the 20th Century



    • Consumer control of CILs stems from this history

Slide 12 -
SILC 101- WHY
Consumer control of CILs and IL services

“The center shall promote and practice the independent living philosophy of. . .consumer control of the center regarding decision-making, service delivery, management, and establishment of the policy and direction of the center….” Rehab Act, Section 725



Slide 13 -
Independent Living Center

A consumer controlled, community-based, cross disability, nonresidential, private, nonprofit agency that



    • is designed and operated within a
      local community by individuals with
      disabilities; and

    • provides an array of independent
      living services.

Governed by a consumer-
majority Board of Directors

Managed and operated by a


consumer-majority staff

Slide 14 -
Independent Living Center

Must meet standards and assurances (Sec. 725)



    • promote and practice the IL philosophy

    • provide services on a cross disability basis

    • facilitate IL goals selected by consumers

    • work to increase community options for IL

    • provide IL core services and other IL services

    • conduct activities to increase the capacity of communities to support people with disabilities

    • conduct resource development activities

Slide 15 -

IL CORE SERVICES:

Information and Referral

  • Peer Support

  • Skills Training

  • Advocacy - Individual and
    Systems

Slide 16 -
SILC 101- WHY

Rehabilitation Act of 1973, as amended

    • To be eligible to receive financial assistance under this chapter, a State shall submit … and obtain approval of, a State plan … including…. Sec. 704(a)(1)

…shall be jointly developed and signed by [DSU Director and SILC Chairperson]

establishment of a SILC



    • To be eligible … each State shall establish a …Council…. The Council shall not be … an entity within a State agency. Sec. 705(a)

Slide 17 -
SILC 101- What is it?

SILCs mandated by Rehabilitation Act which sets standards, including for composition and duties.

States responsible to define and set up.

Composition important in definition

Also defined by what it does


Slide 18 –

SILC 101- What?

Rehabilitation Act (29 USC §701, et seq.)


    • Basic Law for Independent Living programs

    • Incorporated into Workforce Investment Act in 1998

    • Title VII IL Services and Centers

Chapter 1 Individuals with Significant Disabilities

        • Part A General Provisions (Secs. 701 – 706)

        • Part B Independent Living Services (Secs. 711 – 714)

        • Part C Centers for Independent Living (Secs. 721 – 727)

Chapter 2 Independent Living Services for Older Individuals Who are Blind (Secs. 751 – 753)


Slide 19 –


SILC 101- What?

Dept. of Education, OSERS and RSA



    • Secretary, ED

    • Assistant Secretary, OSERS

    • Commissioner, RSA

    • State Monitoring and Program Improvement Division and Independent Living Unit

    • IL Unit – Chief and five state teams, each including a member of the IL Unit. SILCs should communicate issues and concerns to their IL Unit representative

Dept. of Education Regulations

    • 34 CFR 364, 365 and 366

Slide 20 –

SILC – What?



Composition and Appointment See Sec. 705 (b)

    • Members of the Council … appointed by the Governor

[when] State law vests authority for the administration … under this Act in an entity other than the Governor … the chief officer of that entity

    • Must consult for appointment recommendations:

Organizations representing a broad range of individuals with disabilities and

    • Organizations interested in individuals with disabilities

Slide 21 –
SILC 101 – What?

Composition. The Council shall include:



at least one CIL director chosen by the directors…;

as ex officio, nonvoting members



        • a DSU representative; and

        • representatives from other State agencies that provide services…; and

at least one representative of the [Sec. 121 project] directors.

Slide 22 -
SILC 101- What?

The Council may include:



      • other representatives from CILs,

      • parents and guardians,

      • advocates,

      • representatives from businesses and organizations and

      • other appropriate individuals

Vacancies filled in same way as original appointments

      • The appointing authority … may delegate the authority to fill such a vacancy to the remaining voting members of the Council….

Slide 23 -
SILC 101- What?

Qualifications – (Sec. 705(b) (4)) – The Council shall be composed of members who provide statewide representation;



    • who represent a broad range of individuals with disabilities from diverse backgrounds;

    • who are knowledgeable about centers for independent living and independent living services; and

Slide 24 -
SILC 101 – What?

Qualifications – (Sec. 705(b) (4));



    • a majority of whom are persons who are  

      • individuals with disabilities…; and

      • not employed by any State agency or center for independent living.

    • A majority of the voting members … shall be–

      • individuals with disabilities…; and

      • not employed by any State agency or center for independent living.

Slide 25 -
SILC 101 – What?

Rehab Act Sec. 705(b).



    • the Council shall select a chairperson from among the voting membership….

    • Each member of the Council shall serve for a term of 3 years…

    • No member of the Council may serve more than two consecutive full terms.

    • any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment….

Slide 26 -
SILC 101 – What?
Duties (Sec. 705 (c)) The Council shall  

    • (1) jointly develop and sign (in conjunction with the designated State unit) the State plan required in section 704;

Sec. 704 describes Plan (SPIL)

    • To be eligible to receive financial assistance under this chapter, a State shall submit to the Commissioner, and obtain approval of, a State plan containing such provisions as the Commissioner may require….

Slide 27 -
SILC 101 – What?
SPIL Parts under Sec. 704 include:

    • Mission, Goals & Objectives

    • ID of underserved populations & Outreach

    • Financial Plan

    • Cooperation & Coordination

    • Scope, Extent and Arrangements of IL Services

    • Design for Network of Centers

    • Description of DSU, SILC and Service Provider requirements

    • Evaluation and Other Requirements

Slide 28 -
SILC 101 – What?
Duties (Sec. 705 (c)) The Council shall…

    • (2) monitor, review, and evaluate the implementation of the State plan;

    • (3) coordinate activities with the … Rehabilitation Council … and other councils that address the needs of specific disability populations and issues under other Federal law;

Sec. 105(b) provides for SILC Representative on State Rehab Council

Other federal councils include



    • Developmental Disabilities

    • Mental Health

    • Assistive Technology (AT)

Slide 29 -
SILC 101 – What?
Duties (Sec. 705 (c)) The Council shall  

    • (4) ensure that … meetings … are open to the public…; and

    • (5) submit … periodic reports … and keep such records, and afford such access to such records, as the Commissioner finds necessary…. (See Sec. 14)

704 Report, Part I requires sign-off on behalf of Council

Hearings and Forums (Sec. 705(d)).



    • The Council is authorized to hold such hearings and forums as… necessary….

Slide 30 –

SILC 101 – What?


Plan (Sec. 705(e))

    • (1) In general. The Council shall prepare… a plan for … resources, including such staff and personnel… to carry out the functions of the Council….

    • (2) Supervision and evaluation. Each Council shall… supervise and evaluate such staff and other personnel as may be necessary….

    • (3) Conflict of interest. While assisting the Council…, staff and other personnel shall not be assigned duties by… any… agency or office of the State, that would create a conflict of interest.


Slide 31 –

SILC 101- What?


Generic Logic Model for a SILC Program


(Without Activities for Capacity Building/ Resource Development or for Advocacy)

Slide 32 -
SILC 101 – What?
Evaluation

    • Defined in SPIL – how related to SPIL development

    • Should address all objectives

    • How should it use 704 Reports?

Slide 33 -
704 Consumers by Age

Slide 34-
704 Consumer Goals Achieved


Slide 35 -
704 Community Activities by Activity Type

Slide 36 -

SILC 101 – What?
Compensation and Expenses (Sec. 705 (f))

    • The Council may… reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and

    • to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment….

Slide 37 -
SILC 101- What?

Sec. 713. Authorized Uses of Funds



    • The State may use funds received under this part to provide the resources described in section 705(e), relating to the Statewide Independent Living Council, and may use funds received under this part…

      • Provide IL Services

      • Demonstrate IL Services

      • Support operation of Centers

      • Increase capacities of organizations

      • Facts for policy, training or outreach

Slide 38 -
SILC 101- What?

Support program from Part B funds

Sec. 101(a) (18) Requires the State VR plan to include an assurance that the State will reserve and use a portion of the VR funds for I&E and to support the funding of


    • the State Rehabilitation Council… and

    • the Statewide Independent Living Council…

Sec. 108 allow Social Security Reimbursement funds to be used for TVII


Slide 39 –

SILC 101- What?

Part C funds Centers


    • Includes each award separately – even when a Center has more than one award

    • Appropriations go to flat fund existing centers first, then COLA, then new Centers per SPIL

Sec. 723 States

    • State provides more support than feds and State elects

    • Massachusettts and Minnesota

    • State runs program under special rules

Slide 19 –

SILC 101- What?

Dept. of Education, OSERS and RSA


    • Secretary, ED

    • Assistant Secretary, OSERS

    • Commissioner, RSA

    • State Monitoring and Program Improvement Division and Independent Living Unit

    • IL Unit – Chief and five state teams, each including a member of the IL Unit. SILCs should communicate issues and concerns to their IL Unit representative

Dept. of Education Regulations

    • 34 CFR 364, 365 and 366



Slide 40 –

Supplemental Materials for SILC Congress 2013


SILC 101


Slide 41 –
SILC 101 – How does it work?

To whom is SILC Responsible?

What kinds of decisions must SILC make

Making decisions



    • What?

    • So what?

    • Now what?

Slide 42 –
SILC 101 – How does it work?
“ Ownership “

Slide 43 –
SILC 101 – Governance
If SILC is non-profit, it not only must perform statutory duties but govern the organization as a Board of Directors

Other SILC forms still need to set policy through a budget and staffing policies.



Slide 44 –
Board Domains
Boards traditionally act to set policy in four areas

    • Mission/Ends

What effect will corporation’s actions have on consumers and the community?

    • Means

How will corporation achieve those ends?

    • Board Governance

How will the board conduct its own affairs

    • Board-Staff Relationship

How will the board supervise the staff

Slide 45 –
Board Domains

Slide 46 –
Mission/ Ends

A clear statement of mission lets all constituents know how they relate to the corporation

Ends policies explain the mission


    • Strategic plans (3 years and longer)

    • Clear, measurable, outcome-oriented

Ends policies are unique to organization

Slide 47 –
Means

Boards should ensure that the way outcomes are achieved is prudent and consistent with the laws affecting its actions



    • Only act as we have said “good to go” (work plan)

    • Go until we say “stop” (“Carver” model) or

Boards are cautioned to keep decisions at the policy/governance level

    • What will Board supervise? (Include in policy)

    • What level of detail is too minor for Board attention (trust discretion of management as to details)

    • Avoids micromanagement


Slide 48 –
Means

Plans


    • Short term: Up to a year

    • Medium term: Annual to three-year

    • Long term: longer than three years

    • Strategic/Outcome-based vs. Methods & Activities

Policies address laws, contracts, etc.

    • Potential for wrongdoing by those authorized to act

    • Discrimination, Limits on nonprofit activities

    • Required procedures: accounting, purchasing, etc.

    • Standards and assurances

How will the Board promote the organization?

Slide 49 –
Board Governance

What policies does the membership or Board establish for Board actions?



    • Rules of procedure

    • Regular meeting schedule and agenda

    • Role of committees and officers

Often established by bylaws

Often better to set by policy



Slide 50 –
Nonprofit Board – Duties

Law imposes two duties on corporate directors



    • Duty of Care

    • Duty of Loyalty

Directors should also consider

    • Responsibility to promote the corporation

    • Responsibility to protect the corporation



Slide 51 –
Nonprofit Board – Duty of Care

A director must act in a reasonable and informed manner when participating in the board’s decisions and its oversight of the corporation’s management

A director must discharge duties


    • In good faith

    • With the care that an ordinarily prudent person in a like position would reasonably believe appropriate under similar circumstances.



Slide 52 –
Nonprofit Board – Duty of Care

Practical suggestions



    • Maintain a regular meeting schedule

    • Use a regular agenda which includes reports

    • Allow action by telephone, written consent, etc.

    • Follow a regular schedule of reports to the board

    • Distribute information in advance of meetings

    • Consider practical limitations on staff for preparation

    • Follow appropriate rules of procedure

Slide 53 –
Nonprofit Board – Duty of Loyalty

Basic principle is that a director shall not use a corporate position for personal advantage

Duty relates to


    • Conflicts of interest

    • Corporate opportunity and

    • Confidentiality



Slide 54 –
Nonprofit Board – Duty of Loyalty

Duty requires



    • Director is conscious of the potential for conflict

    • Director act openly and carefully

Conflict occurs when a personal interest in a contract or transaction may conflict with corporate interest

    • Financial (employment, investment, etc.)

    • Personal (relationship, reputation, etc.)

Director’s opinion/preferences do not create conflict of interest

Slide 55 –
Nonprofit Board – Duty of Loyalty

When potential conflict occurs



    • Disclose

Adequate time

Sufficient detail



    • Consider whether to abstain or absent yourself

Board policy should address conflicts of interest

Minutes should reflect conflict, disclosure, etc.



Slide 56 –
Nonprofit Board – Duty of Loyalty

Each director should assume that all matters are confidential unless



    • Generally known by the public

    • In the public record

Designated corporate spokesperson

Presumption of confidentiality applies to all current information about legitimate activities

Confidentiality requirement does not require covering up activity believed to be illegal.

Slide 57 –

Nonprofit Board – Director’s Rights

Obtain information (ask officer, CEO, etc.) when necessary to fulfill duties



    • Be cognizant of management’s role and refrain from interfering

    • Make request at board or committee meeting

    • All directors should benefit from access to management staff and information

Slide 58 –

Nonprofit Board – Director’s Rights
Right to inspect corporate books and records

Ample advance notice of all meetings

Receive a copy of minutes of all meetings of



    • board and

    • committee exercising board powers


Slide 59 –

Nonprofit Board – Director’s Rights

Dissent from holding meeting for which proper notice not given or other procedural failure



    • State dissent and procedural requirement on record

Upon arrival

Prior to Vote



    • Failure to object at proper time may waive objection

    • Director and corporation (in minutes) should maintain record of objection

Slide 60–

Nonprofit Board

Federal tax exemption law imposes additional requirements – IRC §§170, 501(c)(3)



    • Application and Annual Reports are public

    • “organized and operated exclusively for religious, charitable… or educational purposes…”

    • “no part of the net earnings of which inures to the benefit of any private shareholder or individual…”

    • “no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation…”

    • “and which does not participate in, or intervene in… any political campaign on behalf of (or in opposition to) any candidate for public office.”


Funding Sources also impose requirements

Slide 61 –

Board- Staff Relationship

What authority is delegated to staff?



    • Is it delegated to a CEO/ED?

If delegated through single point, does Board have expectations for relations with other staff?

How will the board ensure that authority is exercised properly?



    • How does the board supervise the CEO/ED and/or other delegated authority?

Slide 62 –

SILC 101 – What’s Next?

Learn more



    • SILC Congress

    • SILC-net

    • Other sources

Develop relationships necessary for a great SPIL

Ensure consumer empowerment



    • Nothing About Us Without Us






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